Intro

Hello everybody,

An independant Lawyer in Malaga thinks there is a strong case to claim for dischage (recind) the contract and get our deposit back as the Developer has clearly failed to comply on several counts.

Some have expressed an interest in joint action. Anybody want to get together and proceed.  Initial cost estimated at E1000 but joint action will be much less.  Further costs expected if case goes to Court.

I had some good news yesterday.

My lawyer advised me that he has obtained a refund of all deposits so far paid on our off-plan apartment at Santa Maria. I also know that he  obtained a refund for another of his clients.

My lawyer kept telling me he was working on it and the refund was going to be paid "soon" but even so I was beginning to lose faith. He told me last November that I would have my money in 6 months. Since that deadline expired I have pestered him at least every other day and maybe the squeaky wheel approach works.

It does show that if your lawyer is committed to your best interests he can get your oney back without going to Court.

we are also interested in a refund on our offplan appt at los lagos

can you pls advise if others have obtained same and it is possible to do so now since our lawer have told us that this may be complicated?

Hi,

I am also interested in seeing if there is a possiblity of getting my deposit back on my Los Lagos apartment. 3 bedroom right on the front. Ground floor.

Best regards

Richard Stenton

richards@felton.co.za

+27 83 2844006

I haven't  heard of anyone yet who has suceeded in actually getting their deposit back.

Hi Makems,

Have you received a refund then? or you are waiting to recieve it being on a list or something like that?

Thank you.

Ana.

jan 08 has anone received their deposit back from the developers yet? We have just lost our case

pm

Hi

Suggest you contact Mr C or  in particular Tish regarding this issue as they have the expertise and knowledge regarding this development and Green Hills its sister down the road. as they have had success against this developer..

I think I may be correct that Mr,C may have another case on the go as well and appears confident  of winning.( I stand corrected on this)

They can advise the best  in what you can do now  and the best of luck.

Dan

Hi All

I'm new to this forum and I am another person looking to get my deposit back. Just changed Lawyer as he was advising us to complete asap etc, now we are with a new Lawyer he said we have a good case so hopefully we will get our deposit back sometime! By the way we placed our deposit in April 2003, it was a re sale,what a waste of time money and huge stress. Fingers crossed for us all that we will get justice in this terrible mess.

Same adivice as Tish is a real expert on Eralia.

If you need any further help then my solicitor who is based in Marbella and has several clients on this devopment .P/M me as she has helped several on the forum..

All the best and the only advice is to try to control the legal fees ..

Dan

We paid a 30% deposit in 2003, the first buyers were Bancalas, Via Ocean Estates ,as anyone else bought from them! and managed to get there deposits back.

Peter

Hi There

Yes we did the very same bought through these people in 2003 and still trying to get our deposit back. We have changed Lawyers a few months ago in the hope it would speed things up but not sure.

Hi Peter and Annx

Annx ? I hope you have a better experience with your new solicitors.

What grounds are you claiming your deposit back and are you aware that AT THE MOMENT courts are going in the favour of the developers.(however a case on La Reserva may be worth checking out)

Are you claiming against the developer or bank and should you win your case against the developer, has your solicitor checked the financial status of the developer to obtain settlement.

Legals tend to be expensive and winning your case may not give the result you want and just recommend you consider you factor everything in.

Just Dan

Hi Dan

We are trying to claim our hefty depoist back from Bancalas, the Lawyer has said they are not in a very good financial position!! We could all claim that if we owed people alot of hard earned cash!!!

What other way is there to go but try and get your money back? These people have left me and many other people in such a difficult stressful position that justice has to be done one way or the other. We have to fight tooth and nail to get our money back.

Annx